The deadline for employers with 250 or more employees to comply with the Gender Pay Gap Regulations ("the Regulations") by submitting their gender pay gap information is fast approaching (30 March for public sector and 4 April for private and third sectors).
Whilst over 4,500 employers have published their figures, many have yet to submit their information. As is always the case, there are likely to be large numbers meeting the deadline at the 11th hour, there will no doubt be a number who will miss it.
What happens if employers do not meet the deadline?
The Equality and Human Rights Commission ("the Commission") published a report earlier this week, which outlines a strategy for enforcing the Regulations. A tough stance was taken with employers reminded that reporting their gender pay gap is compulsory.
The Commission has set out a staged process which it will follow to enforce the Regulations for private and third sector employers, accompanied by some useful flowcharts (which can be found here):
The stages may seem a little longwinded and clunky, particularly if the non compliance relates to a failure to publish data, but the Commission is bound by the enforcement strategy and must demonstrate that is has undertaken an investigation and required an employer to come up with an action plan, before it is entitled to issue an unlawful notice or think about taking an employer to court.
As such, we will wait in anticipation to see how, in practice, the Commission will use its enforcement powers. That said, employers should ensure to publish their gender pay gap figures to comply with their legal obligations and to save the embarrassment of missing the deadline, and potentially facing an investigation which could see the Commission poring over its payroll information.
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